[Congressional Record (Bound Edition), Volume 150 (2004), Part 10]
[Senate]
[Page 13909]
[From the U.S. Government Publishing Office, www.gpo.gov]




  AUTHORIZING TESTIMONY, DOCUMENT PRODUCTION, AND LEGAL REPRESENTATION

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 395, which was 
submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 395) to authorize testimony, document 
     production, and legal representation in Ulysses J. Ward v. 
     Dep't of the Army.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a request for 
testimony, documents, and representation in an administrative 
proceeding before the Merit Systems Protection Board. The appellant in 
this administrative action is challenging his termination from 
employment by the U.S. Army Corps of Engineers for, among other things, 
transmitting to the office of Senator Lamar Alexander a written 
communication threatening to appellant's coworkers. The Corps has 
requested testimony at a deposition, and, if necessary, at an 
administrative hearing, of Joshua Thomas, a former employee of Senator 
Alexander's office who received the communication. Senator Alexander 
would like Mr. Thomas to be able to provide such testimony and any 
necessary documents.
  The enclosed resolution would authorize Mr. Thomas to testify and 
produce documents in this matter with representation by the Senate 
Legal Counsel.
  Mr. FRIST. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motion to reconsider be 
laid upon the table, and any statements relating to the resolution be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 395) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 395

       Whereas, in the case of Ulysses J. Ward v. Dep't of the 
     Army, No. AT-0752-04-0526-I-1, pending before the Merit 
     Systems Protection Board, testimony and documents have been 
     requested from Joshua Thomas, a former employee of the office 
     of Senator Lamar Alexander;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(2), the Senate may direct its counsel to 
     represent employees of the Senate with respect to any 
     subpoena, order, or request for testimony relating to their 
     official responsibilities;
       Whereas, by the privileges of the Senate of the United 
     States and Rule XI of the Standing Rules of the Senate, no 
     evidence under the control or in the possession of the Senate 
     may, by the judicial or administrative process, be taken from 
     such control or possession but by permission of the Senate;
       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate may promote the 
     administration of justice, the Senate will take such action 
     as will promote the ends of justice consistently with the 
     privileges of the Senate: Now, therefore, be it
       Resolved that Joshua Thomas is authorized to testify and 
     produce documents in the case of Ulysses J. Ward v. Dep't of 
     the Army, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Joshua Thomas in connection with the testimony authorized in 
     section one of this resolution.

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